A Comparative Analysis Of Judicial Appointment Processes: India And Beyond
- IJLLR Journal
- Oct 2
- 1 min read
Shikha Tiwary, Chanakya National Law University, Patna
ABSTRACT
The appointment of judges is a foundational aspect of any democracy, directly impacting the independence, impartiality, and efficiency of the judiciary. This paper undertakes a comprehensive comparative analysis of judicial appointment processes, with a primary focus on India and a study of other jurisdictions including the United States, United Kingdom, Canada, and South Africa. The aim is to understand the principles, practices, and institutional frameworks that guide the selection of judges in these countries and to evaluate the extent to which these processes uphold democratic accountability and judicial autonomy. India's collegium system, which entrusts senior judges with the authority to appoint judges to higher courts, is critically examined in the context of its opacity, lack of accountability, and limited public involvement. Contrasts are drawn with the more transparent and participatory models such as the U.S. system of Senate confirmation, the UK's independent Judicial Appointments Commission, Canada’s advisory committee-based approach, and South Africa's Judicial Service Commission. These models are assessed for their relative emphasis on executive involvement, legislative oversight, merit-based evaluation, and public scrutiny. Through this comparative lens, the paper identifies key strengths and limitations in each system.
Keywords: Judicial Appointment, Independent, Collegium system, National Judicial Appointments Commission, Accountability.
